Bluffdale Mountain v. Bluffdale City

4 Citing cases

  1. Harvey v. Cedar Hills City

    2010 UT 12 (Utah 2010)   Cited 38 times
    Noting that as "a general rule ... we apply the version of the statute that was in effect at the time of the events" giving rise to the suit

    We concluded, "some peninsulas are too much like an island and therefore are prohibited." 2007 UT 57, ¶ 63, 167 P.3d 1016.Id. ¶ 64.

  2. Robinson v. Mount Logan Clinic

    182 P.3d 333 (Utah 2008)   Cited 3 times

    '"Bluffdale Mountain Homes v. Bluffdale City, 2007 UT 57, ¶ 30, 167 P.3d 1016 (citation and internal quotation marks omitted).Jackson v. Mateus, 2003 UT 18, ¶ 21, 70 P.3d 78 (quoting Millett v. Clark Clinic Corp., 609 P.2d 934, 936 (Utah 1980)).

  3. State in the Interest of C.D

    2008 UT App. 477 (Utah Ct. App. 2008)   Cited 28 times
    Noting “there are no express statutory provisions declaring [the procedure for] compl[ying] with the ICWA's placement preferences”

    See id. Thus, we must look beyond the plain language of this section to resolve the issue. See Bluffdale Mountain Homes, LC v. Bluffdale City, 2007 UT 57, ¶ 70, 167 P.3d 1016 ("When interpreting an ambiguous statute, we first try to discover the underlying intent of the legislature, guided by the meaning and purpose of the statute as a whole and the legislative history." (internal quotation marks omitted)).

  4. Kendall Insurance v. R R Group

    2008 UT App. 235 (Utah Ct. App. 2008)   Cited 5 times
    Upholding trial court's finding of mutual mistake related to value and composition of business, when parties negotiating sale of business relied on automated filing system that was still being updated

    The duty to marshal the evidence "`requires an appellant to marshal all of the facts used to support the trial court's finding and then show that these facts cannot possibly support the conclusion reached by the trial court, even when viewed in the light most favorable to the appellee.'" Bluffdale Mountain Homes, LC v. Bluffdale City, 2007 UT 57, ¶ 52, 167 P.3d 1016 (quoting Wayment v. Howard 2006 UT 56, ¶ 9, 144 P.3d 1147). Instead of marshaling the evidence in support of the trial court's finding, Defendants cite only to the evidence offered at trial that supports their position. "`An appellant may not simply cite to the evidence which supports his or her position and hope to prevail'" Id. (quoting Wayment, 2006 UT 56, ¶ 9, 144 P.3d 1147). ¶ 17 Although Defendants' failure to marshal the evidence is a sufficient basis for affirming, we also determine that sufficient evidence exists to support the trial court's finding that a mutual mistake of fact relating to the value and composition of the Kendall Agency and its book of business existed at the time the parties negotiated the sale of the agency.